[HISTORY: Adopted by the Town Council of the Town of North Branford: Art. I, 1-22-1985 as Ord. No. 152, effective 2-19-1985. Amendments noted where applicable.]
Water pollution control — See Ch. 228.
[Adopted 1-22-1985 as Ord. No. 152, effective 2-19-1985]
[Amended 4-2-1985 by Ord. No. 153]
It is the purpose of this Article to provide for the levying of unit benefit assessments upon land and/or buildings in the Town of North Branford which are benefited by the extension of water mains which may be funded, in part, by the Town of North Branford, as determined by ordinance of the North Branford Town Council. Said assessments shall include areas within the Town of North Branford used for industrial or commercial purposes and partly for industrial or commercial purposes and partly for residential purposes or into residential areas or into areas zoned for residential use, pursuant to the provisions of Section 7-137c of the Connecticut General Statutes, as amended. When appropriating such funds, the procedures herein set forth shall be followed.
For the purpose of this Article, the following terms shall be defined as follows:
- COMMERCIAL USE
- Any use of a structure as a place for the exchange of commodities, services or commercial recreation activities.
- DWELLING UNIT
- A building, or portion thereof, providing housekeeping facilities for one (1) family.
- INDUSTRIAL USE
- Any use of a structure as a place to manufacture, fabricate, repair, build, package, assemble, store, demolish, process or transform the quality or state of any goods.
- OFFICE USE
- Any use of a structure as a place where a business is transacted or service is supplied.
- OPEN SPACE OR FARMLAND USE
- Use of any vacant property that is covered by Section 12-107 of the Connecticut General Statutes.
- RESIDENTIAL USE
- A use of any structure as the living quarters of any person or group of persons.
Word usage. Whenever herein used and the context so permits, the singular shall be construed to include the plural and the masculine or neuter shall be construed to include both and the feminine gender; and each owner or owners and his respective heirs, successors and assigns shall be jointly and severally bound.
Before the North Branford Town Council shall appropriate any funds to extend or cause to be extended any such mains, at least ten (10) days' written notice of the proposed extension shall be given by mail to each known owner or owners of any land or buildings upon which the cost of such water mains may be assessed and of the time and place when objections to such extension shall be heard. Notice shall also be published in a newspaper with a circulation within the Town of North Branford not less than ten (10) days prior to such meeting. Such notice shall generally outline the scope of the construction project and shall inform such property owner or owners that he will be required to make payment to the Town of North Branford for his equitable share of the cost of such water main extension and that such owner or owners will have to pay to the South Central Connecticut Regional Water Authority for connection to or use of such water main.
Any owner or owners of lands or buildings which abut such main shall reimburse the Town of North Branford his proportionate share as determined by the North Branford Town Council; except that where the Town of North Branford and the Commissioner of Environmental Protection concur that the need for such extension is in response to a community pollution problem as defined by Section 22a-423 of the Connecticut General Statutes, the Town of North Branford may waive such reimbursement.
All costs shall be proportioned in such a way as to ultimately leave the Town of North Branford free of any cost of the extension of the water main and expenses incidental thereto except where any portion of such water service is to be used for a municipal purpose, in which instance the municipality shall contribute a fair portion of the expense representing such municipal share. In the case of land zoned for other than commercial or industrial purposes or classified as farmland, forest land or open space land on the last completed Grand List of the Town of North Branford, pursuant to the provisions of Sections 12-107a to 12-107e of the Connecticut General Statutes, inclusive, which exceeds by more than one hundred percent (100%) the size of the smallest lot permitted in the lowest density residential zone allowed under the Town of North Branford Zoning Regulations, such assessment shall be deferred until such time as such excess land shall be built upon or a building permit is issued or until approval of a subdivision plan of such excess property by the Planning and Zoning Commission, whichever event occurs first. The Town of North Branford shall place a caveat on the land records in each instance where an assessment is deferred.
Subject to reasonable allowances by the North Branford Town Council for particular situations, the number of units recovered from each piece or parcel of land abutting said water main shall be determined as follows:
Residential uses. One (1) unit shall be recovered from each dwelling unit or building lot on each piece or parcel of land utilized for residential purposes. Where such piece or parcel of land is subdivided into two (2) or more building lots, under the North Branford Zoning Regulations, the number or units recovered shall be equal to the number of residential lots then existing.
Office uses. A minimum of one (1) unit shall be recovered from each office structure. An additional unit shall be recovered for each additional increment of six hundred fifty (650) square feet or portion thereof of office floor space located in that structure.
Commercial uses. A minimum of one (1) unit shall be recovered from each commercial structure. An additional unit shall be recovered for each additional increment of one thousand (1,000) square feet or portion thereof of commercial floor space located in that structure.
Industrial uses. A minimum of one (1) unit shall be recovered from each industrial unit located in a structure utilized for industrial use. An additional unit shall be recovered for each additional increment of three thousand (3,000) square feet or portion thereof of industrial floor space located in any individual industrial use in that structure.
Open space or farmland uses. Any parcel that has been designated as open space or farmland under Section 12-107 of the Connecticut General Statutes shall not be considered as a unit as long as it is so designated. When this designation is no longer in effect, the piece or parcel of land shall be assessed benefits in conformance with the procedures set forth herein.
If any parcel is developed with a multiple use (commercial-residential or office-residential), then the units to be recovered from that parcel shall be the total of the units derived in conformance with the procedures for each individual use.
Such shares shall represent a reasonable proportion of the total cost of such water mains, including but not limited to materials, installations, pumping stations, service connections, curb, sidewalk and highway repairs and the cost of installation of gate-valves or shutoff, if any.
If residential or agricultural property or property zoned for residential or agricultural use abuts lines of construction of water mains to be used for industrial or commercial purposes or partly for industrial or commercial purposes, and such property is not being used for such purposes, the proportionate share of the owners of such property shall be computed on a front-foot or other equitable basis as determined by the North Branford Town Council for a standard or minimum size main.
Subject to reasonable allowances by the North Branford Town Council, the basis for unit charges will be the lesser of the benefits that accrue to the property by the installation of a water main; or the quotient derived by dividing the total cost to be recovered by the total number of units abutting such a main and subject to this Article; provided, however, that the Town of North Branford will be left free from any cost of the extension of the water main unless provided otherwise by this Article.
The owner of real property subject to such a water main assessment shall be liable for and shall be billed for payment of such assessment. Such assessment, together with interest thereon, as defined by the Connecticut General Statutes, shall constitute a lien upon the property being assessed, and such lien may be foreclosed, and such charges may be collected in the manner provided in Section 7-137d of the Connecticut General Statutes and such other statutes which are applicable.
The water main assessment shall be collected by the Tax Collector of the Town of North Branford. As part of such ordinance establishing a specific water pipe extension assessment, the Town Council shall include an appropriate provision regarding payment and due date of such assessment and may, if it so desires, provide for installment payments of such assessments.
This Article may be amended by the North Branford Town Council from time to time and at any time as it deems necessary subject to the Charter of the Town of North Branford, its ordinances and the statutes of the State of Connecticut.